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Maine Constitution. 1820

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Maine State Library Maine State Documents Maine State Senate Legislature Documents 1820 Maine Constitution. 1820 Follow this and additional works at: http://digitalmaine.com/senate_docs Recommended Citation "Maine Constitution. 1820" (1820). Maine State Senate. Paper 1. http://digitalmaine.com/senate_docs/1 This Text is brought to you for free and open access by the Legislature Documents at Maine State Documents. It has been accepted for inclusion in Maine State Senate by an authorized administrator of Maine State Documents. For more information, please contact [email protected]. CONSTITUTION OF MAINE 1820 .. WE the people ofMaine, in order to establish justice, ensure Preamble. tranquillity, provide for our mutual defence, promote our common welfare, and secure to ourselves and our posterity the blessings of Liberty, acknowledging with grateful hearts the goodness of the Sovereign Ruler ofthe Universe in affording us an opportunity, so favorable to the design; and, imploring bis aid and direction in its accomplishment, do agree to form ourselves into a fi'ee and independent State, by the style and title of the State of lVlaine, and do ordain and establish the following Constitution for the government of the same. ARTICLE I. DECLARATION OF RIGHTS. SECT. 1. All men are born equally free and independent, and have certain natural, inherent and unalienable Rights, Natural ril!hts among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness. , SECT. 2. All power is inherent in the people; all free All powerinlie i' dd' h' h' d" di' entmthepe. governments are loun e 111 t ell' aut orlty an l11stltute lor pIe. their benefit; they have therefore an unalienable and indefea- sible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness l'equire it. ' SECT. 3.. All men have a natural and unalienable right to FreedomofwOl worship Almighty God according to the dictates of their own ship. cOl1sciences,.and no one shall be hurt, molested or restrained . in his pel'son, liberty or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience, nor for his religious professions or sentiments, provided he does not disturb the public peace, 1101' obstruct others in their religious worship ;-and all persons demeaning All religious themselves peaceably, as good members of the State, shall be sects equal. equally under the protection of the laws, and 110 subordination nor preference of anyone sect or denomination to another shall J:leli&,i~us tests ever be established by law, nor shall any religious test be prohIbIted. " 1" Ii ".r .c.' reqUIred as a qua 11 catIOn .1.01' any olfice or trust, under this State; and all religious societies in this State, whether incor­ porate or unincorporate, shall at all times have the exclllsive right of electing their public teachers, and contracting with them for their support and maintenance. l'reedom of SECT. 4. Every citizen may freely speak write and speech and pUb- " ., ..' • lication. publIsh hIS sentIments 011 any subject, bemg responsIble fm.· the abuse of this liberty; no laws shall be passed regulating or restraining the freedom of the press; and in prosecutions for any publication respecting the official conduct of men in public capacity, or the qualifications of those who are candi­ dates for the sufl):ages of the people, or wher~ the matter 'l'!'uth !nay ,be gIven III eVl- published is proper for public information, the truth thereof dellce. may be given in evidence, and in all indictments for libels the Jury, after having received the direction of the Court, shall have a right to determine, at their discretion, the law and the fact. Unreasonable SECT. 5. The people shaH be secure in their persons, searches. houses, papers and possessions from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, shall issue without a special designation of the place to be searched, and the person or thing to be seized, nor without probable cause-supported by oath or affirmation. ~;~~;scc~;el.er- SECT. 6. In aU criminal prosecutions, the accused shall have a right to be heard by himself and his counsel, or either, at his election; To demand the nature and cause of the accusation, and have a yOpy thereof; To be confronted by the witnesses against him; To have compulsory process for obtaining witnesses in his favor; To have a speedy, public and impartial trial, and, except in trials by martial law or impeachment, by a Jury ofthe vicinity. He shall not be compelled to furnish or g~ve evidence against himself, nor be deprived of his life, liberty, property or privileges, but by judgment of his peers or the law of the land. l"opersonto~n- SECT. 7. No person shaH be held to answer fora capital ,wer to a capital • f: . 1 . d' f nime &c. but on or Inamous crime, un ess on a presentment or Hl lctment 0 a indictment. grand jury, except in cases ofimpeachment, or in such cases of Exceptions. offences, as are usually cognizable by a justice of the peace, or in cases arising in the army or navy, or in the militia when in actual service in time of war or public danger. The Legislature shall provide by law a suitable and impartial mode Juries~ ofselecting juries, and their usual number and unanimity, ill indictments and convictions, shall be held indispensable. CONSTITUTION OF :MAINE. IX ~ot SECT. S. No persol1 j for the same offence, shaH be twice to be put.in .,. > . 0 0 Jeopardy tWIce put injeopal'dy of ate or hmb. for one crime. '" 0"1 I' IJ U"V l'aws shall l10t be na<;;sed . all IJE'nalties Sanguinary laws SECT:.9 Sa...o~· . <- • J" .<' . l~·.,· • &c. prohibit ed. and pUlllshments s.hall be proportIOned to the offence: exceSSIve bail shall not be required, nor excessive fines imposed, nor cruel nor unusnal pU;1ishments inflicted. SECT. 10. All persons, before conviction, shaH be bailable, All perS~l11S aJ. ~ 1 f . J lowed bail. except lor capIta. 1 oficnces,,., Wl1cre tIe1 pron IS evment or tIeI presumption EjTe3t. And the privilege of the writ of I-Iabeas Corp'UsshaH not he suspended, unless when in cases ofrebellion or HwaSlOll•• tne> pub1He' salcty{', may l'eqture• It.• SE"~ L"2"id~tture att.ai~ ~ 11 Tho s]'aP na"'s no bill of attainder Bills of . .:.I\.-'..t • '-' - V o :.).L(, ",..I. l.l .:J. ..' , der&c. prohibit ... ex post facto law, l1o:'law impall'ing the obligation ofcontracts, ed. and no attainder shall work corruption of blood nor forfeiture of estate. SECT. 12. Treason against this State shall consist only in Treasondefinet1. levying \var against it, adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testinlOIl,Y of two \vitnesses to the same overt act, or confession in open court. SECT. 13. 'The laws shall not be suspended but by the Suspension of . j . J'.' Jaws. L. ,eglsature or Its auLionty. SECT. 14. No person shall be subject to corporal punish- ~orpora~ pun. 1 T . 1 lId' h Ishment under ment unc,er mlllmry aw, except sue 1 as are emp oye 111 t e military law. army or navy, or in the militia when in actual service in time of war or public danger. SECT. 15. The people have a right at all times in an r:.ight to petj· orderly and peaceable manner to assemble to consult upon the bon. common good, to give instructions to their representatives, and to reqnest, of eitber department of the government by petition or remonstrance, redress of their wrongs and grievances. SECT. 16. Every citizen has a rirrht to keep and bear To keep allli t:> beal' arms. arms for the common defence; and this right shaH never be questioned. SECT. 17. No standing army shall he kept up in time ofStandingarmic& f peace WIt. hout t11e consent 0 th e LegIS . 1ature, an dtIe I illl'1'ltary )lot to be I,ept; shall, in all cases, and at all times, be in strict subordination to the civil power. SECT. 18. No soldier shall, in time ofpeace be quartered Nor soldiers ti} . h . 1 h f h be quartered 011 Hl any ouse WIt lout t e consent 0 t. e owner or occupant, c~tizens, but in nor in time ofwar, but in a manner to be prescribed by law. tIme of war. SECT. 19. Every person, for an il'tiury done him in his Rig~t.of.redregs person, reputatIOn,. property or ..HumumtIes,.s ha.11 have reme dy for lnJune6. by due course oflaw; and right and justice shall be adminis- tered freely and without sale, completely and without denial, promptly and without delay. ' SECT. 20. In all civil suits, and in all controversies Trial by jury conc€r,ning property, the parties shall have a right to a trial B CONSTITUTION OF MAINE. by jury, except in cases where it has heretofore been otherwise practised: the party claiming the right may be heard by himself and his counsel, or either, at his election. Private proper- SECT. 21. Private property shaH not be taken for public \ilnty notwithoutto becom-tak- uses WIt. h'outJust compenSaLlOl1;+' nor unless1 tIe1 publ"Ie.. eXIgen-. pensation. cies require it. Taxes. SECT. 22. No tax or duty shan be imposed withoutthe consent of the people or of their Representatives in the Legislature. Titles ofnolJility SECT. 23.
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